Wisconsin Statutes
Wis. Stat. § 59.38 (2026)
Medical examiner and assistants
✓ current as of July 2026
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59.38(1)(1) Medical examiner, assistants; salaries; fees; report. The medical examiner and medical examiner’s assistants authorized by the board shall be paid out of the county treasury of the proper county, for the performance of all their official duties and in lieu of all other compensation, salaries to be fixed by the board. The medical examiner and medical examiner’s assistants shall collect for all services performed, except in cases where the county is solely liable, all fees that coroners are by law entitled to receive, and shall keep accurate books of account in which shall be entered from day to day the items of services rendered, the titles of the proceedings in which and the names of the persons for whom rendered, and the fees charged and received, and shall, at the end of every 3 months, render to the board and to the treasurer an accurate report or statement, verified by his or her oath, of all fees and income collected by them or for them during the 3 months; and at the same time they shall pay to the treasurer all fees and incomes collected by them, or which they were entitled by law to charge or receive, not paid to the treasurer. The medical examiner or a medical examiner’s assistant shall act as coroner in another county when requested to do so under s. 59.34 (2) (b).
59.38(2)(2) Office and records. The board shall provide for the use of the medical examiner suitable offices at the county seat, and the medical examiner shall keep in his or her office proper books containing records of all inquests held by the medical examiner, setting forth the time and place of holding the inquests and the names of the jurors serving thereon, together with a brief statement of the inquest proceedings.
59.38(3)(3) Medical examiner’s bond. Before entering upon the duties of office, the medical examiner of the county shall deliver to the clerk a bond, subscribed by 2 or more sufficient sureties, in such penal sum as the board determines, conditioned for the faithful performance of all official duties as set forth in this chapter and ch. 979 and that he or she will faithfully account for and pay to the treasurer of the county all moneys which may come to him or her belonging to the county, and which by virtue of this chapter and ch. 979 the medical examiner is required to account for and pay as aforesaid.
59.38(4)(4) Special counties; deputies and assistants; powers. The medical examiner and his or her assistants shall be compensated for the performance of all their official duties by salaries fixed by the board under sub. (1).
59.38(5)(5) Medical examiner; appointment. In a county with a county executive or county administrator, the county executive or county administrator shall appoint the medical examiner in the unclassified service, subject to confirmation by the board or contract with a qualified person to perform the services of medical examiner, subject to the approval of the board. In a county without a county executive or county administrator, the board shall appoint the medical examiner in the unclassified service or contract with a qualified person to perform the services of medical examiner. The medical examiner may be dismissed at any time by the appointing authority.
Effective date noteNOTE: Sub. (5) is shown as amended eff. 1-4-27 by 2025 Wis. Act 196. Prior to 1-4-27 it reads:
Effective date text(5) Medical examiner; appointment in populous counties. In a county with a population of 750,000 or more, the county executive shall appoint the medical examiner in the unclassified service, subject to confirmation by a majority of the board. The medical examiner may be dismissed at any time by the county executive with the concurrence of a majority of the members-elect of the board, or by a majority of the members-elect of the board with the concurrence of the county executive. If the county executive vetoes an action by the board to dismiss the medical examiner, the board may override the veto by a two-thirds vote of the members-elect of the board.
59.38 HistoryHistory: 1995 a. 201 ss. 300 to 304, 309, 310; 1997 a. 35; 2005 a. 127; 2013 a. 68; 2017 a. 207 s. 5; 2025 a. 196.
Notes of Decisions
Cited in 8
cases, 1981–2013 · leading case: Racine Cnty. v. Int'l Ass'n of MacHinists & Aerospace Workers Dist. 10, AFL-CIO, 2008 WI 70 (Wis. 2008).
Racine Cnty. v. Int'l Ass'n of MacHinists & Aerospace Workers Dist. 10, AFL-CIO, 2008 WI 70 (Wis. 2008). “The court of appeals reached that decision because the clerks of the circuit courts were empowered to appoint their deputies under Wis. Stat. § 59.38 (1) and because the county registers of deeds had similar authority under Wis.”
Winnebago Cnty. v. Winnebago Cnty. Courthouse Employees Ass'n, 540 N.W.2d 204 (Wis. Ct. App. 1995). “Because we conclude that § 59.38, Stats., does not give the clerk of circuit court the statutory authority to terminate the employment of a judicial assistant without following the terms of the labor agreement, we reverse.”
Cnty. of Eau Claire v. AFSCME LOCAL 2223, 526 N.W.2d 802 (Wis. Ct. App. 1994). “We limit that holding to its facts to avoid the evisceration of the legislative intent underlying MERA and §§ 59.38 and 59.50, Stats. Read apart from MERA, the deputy appointment power of the clerk and the register is unfettered.”
City of Janesville v. Wisconsin Emp. Relations Comm'n, 535 N.W.2d 34 (Wis. Ct. App. 1995). “The county objected to the union's proposal, contending that the proposal impermissibly interfered with the statutory powers of the register and clerk to appoint and discharge their deputies under then-existing §§ 59.38(1) and 59.50, STATS. WERC declared that the proposal law…”
In Matter of Civil Contempt of Kroll, 304 N.W.2d 175 (Wis. Ct. App. 1981). “Section 59.38, Stats., denominates all assistants to the derk of courts as deputy clerks.”
Sullivan v. Waukesha Cnty., 578 N.W.2d 596 (Wis. 1998). “§§ 59.38 and 979.01 (1989-90). The Acting Medical Examiner, Paul Hibbard, conducted an investigation into Sullivan's death.”
Crawford Cnty. v. Wisconsin Emp. Relations Comm'n, 501 N.W.2d 836 (Wis. Ct. App. 1993). “The deputies shall aid the clerk in the discharge of the clerk's duties.”
Johnson v. Weihert (In re Weihert), 493 B.R. 61 (Bankr. W.D. Wis. 2013). “” Wis. Stat. § 59.38 . Section 59.36 provides that “[t]he board shall set the fees for all services rendered by the coroner.”
— Wis. Stat. § 59.38(1) — 4 cases
Winnebago Cnty. v. Winnebago Cnty. Courthouse Employees Ass'n, 540 N.W.2d 204 (Wis. Ct. App. 1995). “Because we conclude that § 59.38, Stats., does not give the clerk of circuit court the statutory authority to terminate the employment of a judicial assistant without following the terms of the labor agreement, we reverse.”
Cnty. of Eau Claire v. AFSCME LOCAL 2223, 526 N.W.2d 802 (Wis. Ct. App. 1994). “We limit that holding to its facts to avoid the evisceration of the legislative intent underlying MERA and §§ 59.38 and 59.50, Stats. Read apart from MERA, the deputy appointment power of the clerk and the register is unfettered.”
City of Janesville v. Wisconsin Emp. Relations Comm'n, 535 N.W.2d 34 (Wis. Ct. App. 1995). “The county objected to the union's proposal, contending that the proposal impermissibly interfered with the statutory powers of the register and clerk to appoint and discharge their deputies under then-existing §§ 59.38(1) and 59.50, STATS. WERC declared that the proposal law…”
Crawford Cnty. v. Wisconsin Emp. Relations Comm'n, 501 N.W.2d 836 (Wis. Ct. App. 1993). “The deputies shall aid the clerk in the discharge of the clerk's duties.”
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